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2016 Supreme(Cal) 448

SANKAR ACHARYYA
In the matter of : Partha Sarathi Chakraborty – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioner: Mr. Rajdeep Mazumder, Mr. Moyek Mukherjee
For the State : Mr. Pratick Bose

JUDGMENT :

SANKAR ACHARYYA, J.

1. This revisional application has been filed by the petitioner for setting aside the order dated 03.07.2013 passed by learned Additional Chief Judicial Magistrate, Bidhannagar in G.R. Case No. 581 of 2013 arising out of Bidhannagar police station case No. 140 of 2013 dated 17.06.2013 under Section 354 of the Indian Penal Code (in short I.P.C.) and for quashing the proceedings of G.R. Case No. 140 of 2013. In the said order dated 03.07.2013 (hereinafter called as impugned order) learned Magistrate took cognizance of the offence punishable under Section 354, I.P.C. against the accused (petitioner herein).

2. Inter alia, the petitioner has contended that the impugned order is an abuse of process of justice as the learned Magistrate took cognizance of the offence under Section 354, I.P.C. without application of judicial mind although the ingredients of said section were not established on the materials brought on record by the investigating police officer with the charge-sheet in the proceedings of G.R. 140 of 2013.

3. I have gone through the copies of first information report (in short FIR), charge-sheet, hand sketch map with index of the place of occurrenc














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